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When attempting to modify existing custody or visitation rights, the child's circumstances or the circumstances of either parent must have materially and substantially changed. In Texas, courts will almost always consider the remarriage of one or both parents to be a material change in circumstances.
In general, the Texas Family Code provides that any final court orders affecting the parent-child relationship may be modified, if warranted. To justify a modification of the original court order, there must be a determination of a material and substantial change in circumstances by the judge.
stamped copy of your Petition to Modify the ParentChild Relationship and a blank Respondent's Original Answer form OR a blank Waiver of Service Only form, and. a completed Order Modifying the ParentChild Relationship form with completed order forms regarding the issues you want changed attached.
See Texas Family Code 153.251(d). If your child is under three, you and the other parent may still agree to use the Standard Possession Order. Or you may agree to use a different possession schedule.
Under-Three Provisions for Standard Possession This provision provides a ?step-up? visitation schedule, which allows the non-custodial parent to have increased hours of visitation based on the child's age, but no overnight visits until the child reaches the age of three.